Loading...
2140ORDINANCE NO. 2140 COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA, WHICH ARE IN REFERENCE TO THE VIOLATIOS BUREAU AND AMENDING CERTAIN SECTIONS ACCORDINGLY AND THE "ADDENDUM OF CODE VIOLATIONS BUREAU FEE SCHEDULE"; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT; AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM. BE IT ORDAINED BY THE, MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. Sections 4 -302, 4 -501, 4- 501.01, 4 -502, 4- 502.01, 4 -505, 4 -506, 4 -507, 4 -508 of the Municipal Code of the City of Blair, Nebraska are hereby amended and Sections 4 -602 and 4 -603 are hereby added in its entirety as follows, to wit: Sec. 4 -302 GARBAGE AND REFUSE: BURNING PROHIBITED; EXCEPTIONS. A. It shall be unlawful to burn garbage, tree and shrub trimmings, leaves, grass, weeds, garden vegetation, or other refuse and combustible material within the limits of the City either in open and unconfined or closed burning on private or public property, except that the Chief of the Fire Department and the City Administrator may issue a special permit for the burning of buildings or structures which have either been condemned or which are being burned in a practice exercise for the Fire Department of the City. B. It shall be unlawful to keep, store or maintain in any building or on any premises, any waste, refuse, debris, rubbish, garbage or other loose combustible material, except recognized and permitted fuels, in such manner or in such quantities as will substantially and excessively increase the danger of fire on such premises and endanger adjacent premises within the municipal limits. C. Notwithstanding any other provisions of this Code, burning of refuse may be allowed in commercial or industrial incinerators which shall meet the following requirements: 1. All incinerators shall be provided with approved feed and draft doors. 2. All stack, vents, port and other openings shall be provided with steel mesh covers to retain burning embers and flying ash, and the openings in said screen mesh shall not be greater than 0 50 square inches. Ash space, properly confined to prevent scattering of hot ashes shall be provided in incinerators in an amount equal to or more than one - fourth (1/4) of the combustion volume of the device, and adequate provisions for removal of ashes shall be provided. 3. All incinerators shall be provided with draft doors or protected openings of sufficient area to insure proper combustion in the device. Air shall be admitted under the fuel bed in all types of incinerators in proper amount and further provisions made that a minimum of twenty -five (25 %) per cent of the total air of combustion be admitted above the fire bed to insure complete burning of gases and to destroy noxious odors arising from such combustion. 4. Grates, when used, shall be provided with a minimum of fifty (50 %) per cent openings and shall be so constructed to retain all burning embers. Air openings around or above fuel bed shall have an area of not less than twenty -five (25 %) per cent at the effective grate opening. 5. Construction and fire safety provisions of incinerators which are an integral part of a building or structure shall conform to the standards prescribed by the National Board of Fire Underwriters and the American Gas Association's Specifications for gas burning equipment. 6. Incinerators shall be sized in such manner as to be adequate to handle the disposal problem to which they are applied. Grossly undersized incinerators which are a nuisance in operation may be condemned and removed. 7. Incinerators as defined under this Section shall be those totally enclosed within the building or structure, and specifically shall exclude portable units such as wire basket, light metal and light refractory and further specifically excluding "burn barrels ". 8. No private or home incinerators shall be allowed hereunder. Wood burning fire places or stoves for decorative or heating purposes shall not be considered incinerators for the purpose of this section. D. Notwithstanding any other provisions contained herein, the City Council may, unless prohibited by the State Fire Marshal or the City Fire Chief due to atmospheric conditions or local circumstances which make open burning hazardous, designate a two (2) week period once during the month of April and once during the month of November for a period of open burning each year. During the designated period of open burning, it shall be permissible to burn only tree trimmings less than one half (1/2) inch in diameter, shrubs, grass and weed trimmings, leaves and garden vegetation. Such burning shall only be permitted during the hours of eight (8:00) o'clock a.m. to five (5:00) o'clock p.m. on the dates designated. E. During the approved open burning period, it shall be unlawful to: 1. Allow any burning on the public right of way including but not limited to streets and alleys, 2. Allow any smoke generating debris to continue to generate smoke past five (5) o'clock p.m. deadline, 3. To leave any fire, whether actively burning or smoldering, unattended, 4. Not to have water immediately available within fifteen (15) feet of the fire until all fire is fully extinguished. F. Violations of these Sections shall be subject to Section 4 -602 (Violations Bureau) and carry fines as set forth in Section 4 -603 of the Municipal Code. (For Penalties also refer to Addendum to Code Violations Bureau Fee Schedule) Sec. 4 - 501 NUISANCES, GENERALLY DEFINED. A nuisance consists in doing any unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either: 1. Injures or endangers the comfort, repose, health or safety of others. 2. Offends decency. 3. Is offensive to the senses. 4. Unlawfully interferes with, obstructs, tends to obstruct or renders dangerous for passage any stream, public park, parkway, square, street, or highway in the Municipality. 5. In any way renders other persons insecure in life or the use of property, or 6. Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others. (Ref. 16 -240, 18 -1720 RS Neb.) (Ord. No. 1181, 2/24/76) (Penalties refer to Sections 4 -601 through 4 -603 or Addendum to Code Violations Bureau Fee Schedule) Sec. 4- 501.01 STREAMS, LITTER: SPECIFICALLY DEFINED. For the purpose of this Article, the following words and phrases shall have the meanings respectively ascribed to them: Streams: Streams shall include all streams, creeks or water courses within the City of Blair, Nebraska, including, but not limited to, Cauble Creek and South Creek, including all of their branches and watercourses leading thereto, and specifically including the channel of the same. Streams are further defined as any depression or draw two feet below the surrounding lands and having a continuous outlet to a stream, creek, watercourse or river. Litter: In addition to any other definition of litter contained in this Code, litter shall also include, for the purposes of this Article only, concrete, stone, gravel, crushed rock or stone, sand, dirt and similar earthen materials. (Penalties refer to Sections 4 -601 through 4 -603 or Addendum to Code Violations Bureau Fee Schedule) Sec. 4 -502 NUISANCES; SPECIFICALLY DEFINED. The maintaining, using, placing, depositing, leaving, or permitting of any of the following specific acts, omissions, places, conditions, and things are hereby declared to be nuisances: 1. Any odorous, putrid, unsound or unwholesome grain, meat, hides, skins, feathers, vegetable matter, or the whole or any part of any dead animal, fish, or fowl. 2. Privies, vaults, cesspools, dumps, pits or like places which are not securely protected from flies or rats, or which are foul or malodorous. 3. Filthy, littered or trash - covered cellars, houseyards, barnyards, stable - yards, factory - yards, mill yards, vacant areas in rear of stores, granaries, vacant lots, houses, buildings, or premises. 4. Animal manure. 5. Liquid household waste, human excreta, garbage, butcher's trimmings and offal, parts of fish or any waste vegetable or animal matter in any quantity. Provided, nothing herein contained shall prevent the temporary retention of waste in receptacles in a manner provided by the Municipality. 6. Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire metal articles, bric -a- brac, broken stone or cement, broken crockery, broken glass, broken plaster, and all trash or abandoned material, unless the same be kept in covered bins or galvanized iron receptacles. 7. Trash, litter, rags, accumulations of barrels, boxes, crates, packing crates, mattresses, bedding, excelsior, packing hay, straw or other packing material, lumber and or fire wood not neatly piled, scrap iron, tin or other metal not neatly piled, old automobiles or parts thereof, or any other waste materials when any of said articles or materials create a condition in which flies or rats may breed or multiply, or which may be a fire danger or which are so unsightly as to depreciate property values in the vicinity thereof. 8. Any unsightly building, billboard, or other structure, or any old, abandoned or partially destroyed building or structure or any building or structure commenced and left unfinished, which said buildings, billboards or other structures are either a fire hazard, a menace to the public health or safety, or are so unsightly as to depreciate the value of property in the vicinity thereof. 9. All places used or maintained as junk yards, or dumping grounds, or for the wrecking and dissembling of automobiles, trucks, tractors, or machinery of any kind, or for the storing or leaving of worn -out, wrecked or abandoned automobiles, trucks, tractors, or machinery of any kind, or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which said places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or property by others, or which are so unsightly as to tend to depreciate property values in the vicinity thereof. 10. Stagnant water permitted or maintained on any lot or piece of ground. 11. Stockyards, granaries, mills, pig pens, cattle pens, chicken pens or any other place, building or enclosure, in which animals or fowls of any kind are confined or on which are stored tankage or any other animal or vegetable matter, or on which any animal or vegetable matter including grain is being processed, when said places in which said animals are confined, or said premises on which vegetable or animal matter is located, are maintained and kept in such a manner that foul and noxious odors are permitted to emanate therefrom, to the annoyance of inhabitants of the Municipality, or are maintained and kept in such a manner as to be injurious to the public health. 12. Rock, gravel, stone, pebbles or other loose rock like material that moves or travels from a private driveway and /or real estate and comes to rest or is deposited on any public street or public right of way within the City Limits. 13. All other things specifically designated as nuisances elsewhere in this Code. (Ref. 16- 240, 18 -1720 RS Neb) (Ord. No 1369, 2/24/76). (Penalties refer to Sections 4 -601 through 4 -603 or Addendum to Code Violations Bureau Fee Schedule) Sec. 4- 502.01 NUISANCES; LITTER WITHIN STREAMS. It shall be unlawful for any person who owns or is in control of any property to place or cause to be placed on his or her property, or any other property, or allow to remain on his or her property any litter within any stream as said terms are defined hereinabove; provided, however, that such act will not be unlawful if a specific written permit for such activity is obtained under any other provisions of the Municipal Code of the City of Blair, Nebraska, or from the appropriate regulatory agency of the United States Government; provided, however, a written permit from the appropriate governmental agency of the United States Government is an affirmative defense, and it shall be the burden of the person who owns, is in control of, places or causes to be placed or allowed to remain any litter within any stream to provide satisfactory evidence of such written permit. Nothing contained herein shall be construed as relieving any person from state or federal permit requirements. (Penalties refer to Sections 4 -601 through 4 -603 or Addendum to Code Violations Bureau Fee Schedule) SECTION 4 -505 Reserved for Future Use. Sec. 4 -506 NUISANCES, WEEDS, GRASSES, AND WORTHLESS VEGETATION; LITTER. In addition to the definitions as provided in Sections 4 -501 to 4 -505 inclusive, a nuisance is hereby declared to be and defined as permitting, allowing, or maintaining any growth of twelve inches or more in height of weeds, grasses, or worthless vegetation, or to litter or cause litter to be deposited or remain on any premises in the municipality except in proper receptacles. 1. For the purposes of this section, litter shall include but not be limited to: (i) trash, rubbish, refuse, garbage, paper, rags, and ashes; (ii) wood, plaster, cement, brick, or stone building rubble; (iii) grass, leaves, and worthless vegetation; (iv) offal and dead animals; and (v) any machine or machines, vehicle or vehicles, or parts of a machine or vehicle which have lost their identity, character, utility, or serviceability as such through deterioration, dismantling, or the ravages of time, are inoperative or unable to perform their intended functions, or are cast off, discarded, or thrown away or left as waste, wreckage, or junk. 2. For the purposes of this section, weeds shall include but not be limited to: bindweed (convolvulus arvensis), puncture vine (tribulus terrestris), leafy spurge (euphorbia esula), Canada thistle (cirsium arvense), perennial peppergrass (lepidium draba), Russian knapweed (centaurea picris), Johnson grass (sorghum halepense), nodding or musk thistle, quack grass (agropyron repens), perennial sow thistle (sonchus arvensis), horse nettle (solanum carolinense), bull thistle (cirsium lanceolatum), buchthorn (rahmnus sp.) (tourn), hemp plant (cannabis sativa), and ragweed (ambrosiaceae). 3. Any owner or occupant of a lot or piece of ground shall, upon conviction of violating such ordinance, be guilty of a Class V misdemeanor. 4. Notice to abate and remove such nuisance shall be given to each owner or owner's duly authorized agent and to the occupant, if any, by personal service or certified mail. If notice by personal service or certified mail is unsuccessful, notice shall be given by publication in a newspaper of general circulation in the city or by conspicuously posting the notice on the lot or ground upon which the nuisance is to be abated and removed. Within five days after receipt of such notice or publication or posting, whichever is applicable, if the owner of occupant of the lot or piece of ground does not request a hearing with the city or fails to comply with the order to abate and remove the nuisance, the city may have such work done, the city may either (a) levy and assess the costs and expenses of the work upon the lot or piece of ground so benefited in the same manner as other special taxes for improvements are levied and assessed or (b) recover in a civil action the costs and expenses of the work upon the lot or piece of ground and the adjoining streets and alleys. (Penalties refer to Sections 4 -601 through 4 -603 or Addendum to Code Violations Bureau Fee Schedule) SECTIONS 4 -507 -4 -508 Reserved for Future Use. Article 6. Violations Bureau/Penal Provision Sec. 4 - 601 VIOLATION; PENALTY. It shall be unlawful for any person to fail to comply with the provisions herein, and every person failing to comply with, or violating any of the provisions of this Chapter shall be deemed to be guilty of a Class III misdemeanor, as defined by the statutes of the State of Nebraska, Section 28 -106, and upon conviction thereof shall be fined accordingly. Sec 4 - 602 VIOLATIONS BUREAU. A Violations Bureau for the City of Blair is hereby created pursuant to Section 18 -1729 R.R.S. Neb. for the purpose of collecting penalties for nuisance violations. Any person accused of a violation as established by Sections 4 -302, 4 -501, 4- 501.01, 4- 502, 4- 502.01 and 4 -506 inclusive may within ten (10) days after the date of issuance of the citation of the violation and before the appearance date thereon dispose of the citation by appearing at the office of the City Clerk of the City of Blair and remitting full payment of the penalty assessed for the specific violation. Any person may plead not guilty to the citation and he or she may appear before the County Court of Washington County, Nebraska, on the date and at the time specified on the citation. At the time of the commission of the alleged violation, the accused shall be served with printed notice informing the accused of his or her options in disposing of the citation as noted hereinbefore. If the accused fails to appear at the office of the City Clerk of the City of Blair or before the County Court of Washington County, Nebraska, on or before the date specified on the citation, a warrant for his or her arrest shall be issued by the County Court of Washington County, Nebraska. Sec. 4 -603 NUISANCES, VIOLATION AND PENALTIES. It shall be unlawful for any person to maintain, use, place, deposit, leave, permit, or create or in any other way allow a nuisance as defined in Sections 4 -302, 4 -501, 4- 501.01, 4 -502, 4- 502.01 and 4 -506 inclusive, and any person found in violation hereof shall be deemed guilty of a Class III misdemeanor and shall be subject to for the first offense in any one calendar year the sum of one hundred dollars ($100.00), for the second offense in any one calendar year the sum of one hundred fifty dollars ($150.00), and for the third and subsequent offenses in any one calendar year the sum of two hundred dollars ($200.00). Further, the penalty shall include the reasonable costs of any cleanup expended by the Municipality. Each day a nuisance is permitted to exist shall be deemed a separate violation hereunder. (Ref. Ord. No. 1574) SECTION 2. Sections 5 -226, 5 -402, 5 -404, 5- 404.01, 5 -405, 5 -406, 5- 406.01, 5 -407, 5 -408, 5- 410.01, 5 -411, 5 -413, 5 -414, 5 -501, 5- 501.01, 5 -605, 5 -615, of the Municipal Code of the City of Blair, Nebraska are hereby amended and Sections 5 -703 through 5 -705 are hereby added in its entirety as follows, to wit: Sec. 5 -226 ENGINE BRAKING PROHIBITED. The practice of engine braking, commonly known as "Jake Braking" is prohibited within the corporate limits of the City of Blair, Nebraska. It shall be unlawful for any person to fail to comply with the provisions herein, and every person failing to comply with, or violating the provisions of this Section shall be deemed to be guilty of a Class II Misdemeanor, as defined by the statutes of the State of Nebraska, and upon conviction thereof, shall be sentenced accordingly. (11/97) (Penalties refer to Sections 5 -701 through 5- 705 or Addendum to Code Violations Bureau Fee Schedule). Sec. 5 -402 PARKING: GENERALLY. No person shall park any vehicle, or approach the curb with a vehicle, except when headed in the direction of the traffic. (Ref. 39 -697 RS Neb.). (Penalties refer to Sections 5 -701 through 5 -705 or Addendum to Code Violations Bureau Fee Schedule). Sec. 5 -404 STREET PARKING. It shall be unlawful for any person to park or leave standing any vehicle, whether attended or unattended, on any street within the City where parking has been so restricted by resolution of the governing body, or on any lot or track of ground abutting upon any street or other thoroughfare in the City between the lot line and curb line of said street unless said vehicle is owned by or permitted to park thereon by the person responsible for the maintenance of such area pursuant to Section 8 -107. (Penalties refer to Sections 5 -701 through 5 -705 or Addendum to Code Violations Bureau Fee Schedule). Sec. 5- 404.01 STREET PARKING; FIRE HYDRANTS; PRIVATE DRIVEWAYS. It shall be unlawful for any person to park a vehicle or permit it to stand, whether attended or unattended, on any street within the Municipality in front of a private driveway or within fifteen (15') feet in any direction from a fire hydrant or the entrance of any fire station nor within 37.5 feet from the intersection of property lines at street intersections. (Penalties refer to Sections 5- 701 through 5 -705 or Addendum to Code Violations Bureau Fee Schedule). Sec. 5 -405 PARKING; ALLEYS. No vehicle shall be parked in any alley, except for the purpose of loading or unloading during the time necessary to load or unload, which shall not exceed the maximum limit of one half (1/2) hour. Every vehicle while loading or unloading in any alley shall be parked in such manner as will cause the least obstruction possible to traffic in such alley. (Ref. 39 -697 RS Neb.) (Penalties refer to Sections 5 -701 through 5 -705 or Addendum to Code Violations Bureau Fee Schedule). Sec. 5 -406 TRUCK PARKING. It shall be unlawful for the driver of any truck having a rated capacity of over three- fourths (3/4) ton to park the same or permit it to stand, whether attended or unattended, upon Washington Street from the east line of 19th Street to the west line of 14th Street or on 17th Street from the north line of Lincoln Street to the south line of Front Street or on 16th Street from the north line of Lincoln Street to the south line of Front Street between the hours of eight (8:00) o'clock A.M. and six (6:00) o'clock P.M., on any week day other than legal holidays, nor on any other street or alley in the City between the hours of seven (7:00) o'clock P.M. and nine (9:00) o'clock A.M. of the succeeding day. No truck or motor vehicle transporting a cargo which contains explosives or gasoline or other combustible liquid or natural or artificial gas in containers under pressure shall be parked or left standing on any street or alley or within the fire limits of the fire district of the City except to expeditiously load or unload its cargo, and in no event for longer than thirty (30) minutes, unless written permission to do so has been obtained from the Chief of Police. (Penalties refer to Sections 5 -701 through 5 -705 or Addendum to Code Violations Bureau Fee Schedule). Sec. 5- 406.01 RECREATIONAL VEHICLE PARKING. It shall be unlawful for any person to park any recreational vehicle, including but not limited to travel trailers, folding trailers, motor homes, utility trailers, boats, or boat trailers on any street or any portion of the municipal right of way, for more than forty -eight (48) hours in a seventy -two (72) hour period. Any person failing to comply with the parking prohibition as set forth herein shall be subject to the penalties of Section 5 -414 of the Municipal Code. (Penalties refer to Sections 5 -701 through 5 -705 or Addendum to Code Violations Bureau Fee Schedule). Sec. 5 -407 ONE -WAY STREETS AND ALLEYS. The City Council of the Municipality may, by resolution, and after proper posting, direct the flow of traffic on any street or alley within the Municipality as one -way only. (Penalties refer to Sections 5 -701 through 5 -705 or Addendum to Code Violations Bureau Fee Schedule). Sec. 5 -408 PARKING TIME. The Governing Body may, by resolution and proper posting restrict parking times on designated streets or portions thereof within the Municipality. (Penalties refer to Sections 5 -701 through 5 -705 or Addendum to Code Violations Bureau Fee Schedule). Sec. 5- 410.01 ILLEGAL OR IMPROPER PARKING, OWNER'S RESPONSIBILITY. The owner of any motor vehicle or truck illegally or improperly parked pursuant to Section 5 -401 through 5 -410, inclusive, shall be responsible and liable for any fine or penalty as a result of such improper or illegal parking notwithstanding that the owner may or may not have been the person in control or in charge of the vehicle at such time as it was placed in violation of this code. (Ref. Ord. No. 1359) (Penalties refer to Sections 5 -701 through 5 -705 or Addendum to Code Violations Bureau Fee Schedule). Sec. 5 -411 VEHICLES, ABANDONED AUTOMOBILES. It shall be unlawful to abandon any automobile or recreational vehicle as defined in Section 5- 406.01 on the Municipal Streets, highways, alleys, parks, or other property. An automobile or recreational vehicle shall be deemed to be abandoned if left unattended: (1) with no current license plates affixed thereto for more than six (6) hours on any public property; (2) for more than twenty -four (24) hours on any public property where parking is not legally permitted; (3) for more than forty -eight (48) hours in a seventy -two (72) hour period if left on a portion of public property on which parking is legally permitted; or (4) for more than twenty -four (24) hours on private property if left initially without the permission of the owner, or after the permission of the owner shall have been terminated. Any automobile or recreational vehicle shall immediately become the property of the Municipality if, in the estimation of the Chief of Police the said automobile or recreational vehicle is of a wholesale value of one hundred ($100.00) dollars or less. In the event the automobile or recreational vehicle is of an estimated value of over one hundred ($100.00) dollars, the Chief of Police shall make a reasonable effort to contact the owner of said automobile or recreational vehicle by sending a notice to the registered owner, if known; by sending an inquiry to the county it is registered in, if the owner is unknown; or by contacting the Director of Motor Vehicles, if the automobile or recreational vehicle is without license plates and the owner is unknown. If it is known to the Chief of Police that a lien or mortgage exists on the vehicle, notice shall also be sent to the lienholder or mortgagee. If the owner is known and does not claim the automobile or recreational vehicle within five (5) days after the date when notice was mailed, or upon receiving word from the Director of Motor Vehicles that the owner is unknown, title will immediately vest in the City and the automobile or recreational vehicle may be sold. Any proceeds from the sale of the automobile or recreational vehicle less any expenses incurred by the City in such sale shall be held without interest for the benefit of the owner of such vehicle for a period of two (2) years. If not claimed within such period of time, the proceeds shall then be placed into the General Fund. Any person who abandons an automobile or recreational vehicle as hereinbefore defined shall be deemed to be guilty of a misdemeanor. (Ref. 60 -1901 et seq.) (Penalties refer to Sections 5 -701 through 5 -705 or Addendum to Code Violations Bureau Fee Schedule). SECTIONS 5 -413 and 5 -414 Reserved for Future Use Sec. 5 -501 BICYCLE; OPERATION. No person shall ride or propel a bicycle on a street or other public highway of this Municipality with another person on the handlebars or in any position in front of the operator. No bicycle shall be ridden faster than is reasonable and proper and in no event in excess of motor vehicle speed limits and every bicycle shall be operated with reasonable regard to the safety of the operator and any other persons upon the streets and public highways. In no event shall a bicycle be operated on sidewalks at a speed in excess of five (5) miles per hour. Persons riding bicycles shall observe all traffic signs and stop at all stop signs. No bicycle shall be permitted on any street or other public highway from one half (1/2) hour after sunset and one half (1/2) hour before sunrise without a headlight, visible under normal atmospheric conditions, from the front thereof for not less than five hundred (500) feet indicating the approach or presence of the bicycle, firmly attached to such bicycle, and properly lighted, or without a yellow, or red light reflector attached to, and visible five hundred (500) feet from the rear thereof. The said headlight shall give a clear, white light. No person shall ride or propel a bicycle upon any street or other public highway abreast of more than one other person riding or propelling a bicycle. Every person riding or propelling a bicycle upon any street or other public highway shall observe all traffic rules and regulations applicable thereto, and shall turn only at intersections, signal for all turns, ride at the right -hand side of the street or highway, pass to the left when passing overtaken vehicles and individuals that are slower moving, and shall pass vehicles to the right when meeting. Every operator of a bicycle shall yield the right -of -way to a pedestrian. It shall be unlawful to operate a bicycle on the City streets, alleys or sidewalks unless the operator guides same with at least one (1) hand on the handle bars. It shall be unlawful for any person to park a bicycle in a manner such as to unreasonably obstruct vehicular or pedestrian traffic. It shall be unlawful for any person to ride or propel a bicycle on any ramp designed or used for handicap access on any sidewalks located on or adjacent to Washington Street between 14 Street and 19 Street, on 16 Street between Lincoln Street and Front Street and on 17 Street between Lincoln Street and Front Street in the City of Blair. (Penalties refer to Sections 5 -701 through 5 -705 or Addendum to Code Violations Bureau Fee Schedule). Sec. 5- 501.01 ROLLER SKATES, IN -LINE SKATES, ROLLER BLADES, SKATE- BOARDS; OPERATION; UNLAWFUL USE. No person shall ride or propel any skates with wheels on any ramps designed for handicap access on any sidewalks located on or adjacent to Washington Street between 14 Street and 19 Street, on l6th Street between Lincoln Street and Front Street and on 17 Street between Lincoln Street and Front Street in the City of Blair. For purposes of this provision, skates with wheels include roller skates, skateboards, in -line skates and roller blades. (Penalties refer to Sections 5 -701 through 5 -705 or Addendum to Code Violations Bureau Fee Schedule). Sec. 5 -615 NEGLIGENT DRIVING. Any person who shall operate a vehicle over and along the streets of the City in a negligent manner by failing to give such attention to the natural or probable consequences of his or actions or as would be given by a reasonable and prudent person shall be deemed guilty of negligent driving. (Penalties refer to Sections 5 -701 through 5- 705 or Addendum to Code Violations Bureau Fee Schedule). Article 7. Violations Bureau/Penal Provision Sec. 5 -701 VIOLATIONS; PENALTY. It shall be unlawful for any person to fail to comply with the provisions herein, and every person failing to comply with or violating any of the provisions of this Chapter shall be deemed to be guilty of a Class III misdemeanor, as defined by the statutes of the State of Nebraska, Section 28 -106, and upon conviction thereof shall be fined accordingly. Sec. 5 -702 FAILURE TO APPEAR; PENALTY. Whoever is charged with a violation of the Municipal Ordinance, conviction of which would carry a j ail sentence of more than ninety (90) days, who is released from custody under bail or recognizance or conditional release and who willfully fails to appear before the court granting such release when legally required to render himself or herself other than three (3) days thereafter, shall be guilty of a misdemeanor and shall, upon completion thereof, be punished by a fine or not more than five hundred ($500.00) dollars, or by imprisonment in the County jail for not more than six (6) months, by both such fine and imprisonment, in addition to any other penalties or forfeitures provided by law. Sec. 5 -703 VIOLATIONS BUREAU; CITATION. A Violations Bureau for the City of Blair is hereby created pursuant to Section 18 -1729 Neb. RRS. 1943, for the purpose of collecting penalties for city code violations. Any person accused of a violation as established by Sections 5 -226, 5 -402, 5 -404 through 5 -408, 5- 410.01, 5 -411, 5 -501, 5- 501.01 and 5 -615, may within ten (10) days after the date of issuance of the citation of the violation and before the appearance date thereon, dispose of the citation by appearing at the office of the City Clerk of the City of Blair and remitting full payment of the penalty assessed for the specified violation. Any person may plead not guilty to the citation, he or she may appear before the County Court of Washington County, Nebraska, on the date and at the time specified on the citation. At the time of the commission of the alleged violation, the accused shall be served with printed notice informing the accused of his or her options in disposing of the citation as noted hereinbefore. If the accused fails to appear at the office of the City Clerk of the City of Blair or before the County Court of Washington County, Nebraska, on or before the date specified on the citation, a warrant for his or her arrest shall be issued by the County Court of Washington County, Nebraska. Sec. 5 -704 PENALTIES. Any person, firm, association, or corporation violating any of the provisions of this Article Sections 5 -226, 5 -402, 5 -404 through 5 -408, 5- 410.01 5 -411, 5 -501 and 5- 501.01 shall be deemed guilty of a misdemeanor and upon conviction shall be fined the sum of twenty five ($25.00). Sec. 5 -705 PENALTIES. Any person, firm, association, or corporation violating any of the provisions of this Article, Section 5 -615 shall be deemed guilty of a misdemeanor and upon conviction shall be fined the sum of fifty dollars ($50.00). SECTION 3. Sections 6 -101, 6 -103, 6 -106, 6 -108, 6 -109, 6 -110, 6 -111, 6 -112, 6 -113, 6- 201, 6 -202, 6 -203, 6 -207, 6 -310, 6 -314, 6 -318, 6- 319.01 through 6- 319.05, 6- 319.09, 6- 319.10, 6- 320, 6 -321, 6 -322, 6 -325, 6- 326,6- 326.01, 6 -328, 6 -333, 6 -334, 6 -338, 6 -401 of the Municipal Code of the City of Blair, Nebraska are hereby amended and Section 6 -403 are hereby added in its entirety as follows, to wit: Sec. 6 -101 DOGS; LICENSE. Any person who shall own, keep or harbor a dog over the age of six (6) months within the Municipality shall within thirty (30) days after acquisition of the said dog acquire a license for each dog annually by or before the first (1st) day of January of each year. The said tax shall be delinquent from and after January thirty -first (31st); Provided, the possessor of any dog brought into or harbored within the corporate limits shall be liable for the payment of the dog tax levied herein and shall license same within thirty (30) days after such animal is brought into or harbored in the municipality. Licenses shall be issued by the Municipal Clerk upon the payment of a license fee of ten dollars ($10.00) for each spayed female dog and each neutered male dog and fifteen dollars ($15.00) for all other dogs. Said license shall not be transferable and no refund will be allowed in case of death, sale, or other disposition of the licensed dog. The owner shall state at the time the application is made and upon printed forms provided for such purpose, his or her name and address, and the name, breed, color and sex of each dog owned and kept by him or her. A certificate that the dog has had a rabies shot, effective for the ensuing year of the license, shall be presented when the license is applied for and no license or tag shall be issued until the certificate is shown. (Ref. 16 -206, 54 -603, 71 -4412 RS Neb.) (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6 -103 DOGS; WRONGFUL LICENSING. It shall be unlawful for the owner, keeper, or harborer of any dog to permit or allow such dog to wear any license, metallic tag or other Municipal identification than that issued by the Municipal Clerk for dogs, nor shall the owner, keeper, or harborer wrongfully and knowingly license an un- spayed female dog and an un- neutered male dog with a license prescribed for a neutered male or spayed female dog. (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6 -106 DOGS; RUNNING AT LARGE. It shall be unlawful for the owner or keeper of any dog to allow such dog to run at large outside the confines of the owner's or keeper's property unless said dog is on a leash. (Ref. 16 -206 RS Neb.) (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6 -108 DOGS; DANGEROUS. It shall be unlawful for any person to own, keep, or harbor any dangerous dog. A dangerous dog is defined as one which has (a) killed or inflicted injury on a human being; (b) killed a domestic animal without provocation while off the owner's property; or (c) previously determined to be a potentially dangerous dog by an animal control authority and the owner has received notice, and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals. A potentially dangerous dog is one which (a) inflicts a non - severe injury on a human or injures a domestic animal or approaches a person on the street in a menacing fashion or (b) a dog with a known propensity to attach when unprovoked. The owner of a dangerous dog may not permit the animal beyond the property of the owner unless restrained securely. While unattended on the owner's property the dog is to be securely confined and a warning sign is to be posted. Any person violating the act is guilty of a Class IV misdemeanor. If the owner has a prior conviction, the animal may be confiscated by an animal control authority and destroyed. (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6 -109 DOGS; INTERFERENCE WITH POLICE. It shall be unlawful for any person to hinder, delay, or interfere with any Municipal Policeman who is performing any duty enjoined upon him or her by the provisions of this Article, or to break open, or in any manner directly or indirectly aid, counsel, or advise the breaking open of the animal shelter, any ambulance wagon, or other vehicle used for the collecting or conveying of dogs to the shelter. (Ref. 28 -906 RS Neb.) (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6 -110 DOGS, KILLING AND POISONING. It shall be unlawful to kill, or to administer, or cause to be administered, poison of any sort to a dog, or in any manner to injure, maim, or destroy, or in any manner attempt to injure, maim, or destroy any dog that is the property of another person, or to place any poison, or poisoned food where the same is accessible to a dog; Provided, that this Section shall not apply to Municipal Policeman acting within their power and duty. (Ref. 28 -1002 RS Neb.) (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6 -111 DOGS; BARKING AND OFFENSIVE. It shall be unlawful for any person to own, keep, or harbor any dog which by loud, continued, or frequent barking, howling, or yelping shall annoy or disturb any neighborhood, or person, or which habitually barks at or chases pedestrians, drivers, or owners of horses or vehicles while they are on any public sidewalks, streets, or alleys in the Municipality; Provided, that the provisions of this Section shall not be construed to apply to the Municipal Dog Shelter. (Penalties refer to Sections 6 -401 through 6- 403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6 -112 DOGS; FIGHTING. It shall be unlawful for any person, by agreement or otherwise, to set dogs to fighting, or by any gesture or word to encourage the same to fight. (Ref. 28 -1002 RS Neb.) (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6 -113 DOGS; LIABILITY OF OWNER. It shall be unlawful for any person to allow a dog owned, kept or harbored by him, or under his or her charge or control, to injure or destroy any real or personal property of any description belonging to another person. The owner of possessor of any such dog, shall, in addition to the usual judgment upon conviction, may be liable to the persons so injured in an amount equal to the value of the property so injured. (Ref. 54 -601, 54 -602 RS Neb.) (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6 -201 ANIMALS; RUNNING AT LARGE. It shall be unlawful for the owner, keeper, or harborer of any animal, or any person having the charge, custody, or control thereof, to permit a horse, mule, cow, sheep, goat, swine, or other animal to be driven or run at large on any of the public ways and property, or upon the property of another. (Ref. 16 -235 RS Neb.) (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6 -202 ANIMALS; BANNED FROM MUNICIPALITY. It shall be unlawful for any person to keep or maintain within the corporate limits any horse, mule, sheep, cow, goat, swine, poultry, chickens, turkeys, geese, ducks, and other foul or other livestock except such livestock as are within the said limits temporarily for exhibition purposes or are kept in sanitary and enclosed areas at least one hundred fifty (150') feet from any habitable structure owned by any person or business. (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6 -203 ANIMALS; WILD. No wild animals may be kept within the corporate limits except such animals kept for exhibition purposes by circuses and educational institutions. (Ref. 16 -235 RS Neb.) (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Volations Bureau Fee Schedule). Sec. 6 -207 FOWLS; COCK FIGHTING. It shall be unlawful for any person, by agreement or otherwise, to set game cocks, game roosters, or game fowls of any kind to fighting, or by any gesture or word to encourage the same to do so. (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6 -310 MISDEMEANORS; APPLIANCES IN YARD. It shall be unlawful for any person to permit a refrigerator, icebox, freezer, or any other dangerous appliance to be in the open and accessible to children whether on private or public property unless he or she shall first remove all doors and make the same reasonably safe. Each day a refrigerator, ice box, freezer, or any other dangerous appliance is open, accessible to children, and unsafe shall be deemed a separate violation hereunder. (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6 -314 MISDEMEANORS; DISCHARGE OF FIREARMS. It shall be unlawful for any person, except an officer of the law in the discharge of his or her official duty, to fire or discharge any gun, pistol, or other firearm specifically including but not limited to air guns, air rifles, pellet guns, and "B -B" guns, or any other device which by the triggering of an explosion discharges a projectile from the device excepting any generally recognized tool or legal fireworks within the Municipality; provided, nothing herein shall be construed to apply to officially sanctioned public celebrations if the persons so discharging firearms have written permission from the Governing Body. Class V. (Ref. 16 -227 RS Neb.) (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6 -318 MISDEMEANORS; SLINGSHOTS. It shall be unlawful for any person to discharge a slingshot or the like loaded with rock or to shoot or discharge a bow and arrow, compound bow, cross bow or the like or other dangerous missiles at any time or under any circumstances within the Municipality. Class V. (Ref. 16 -227 RS Neb.) (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6- 319.01 MISDEMEANOR; PLANTING OF TREES. It shall be unlawful for any person, firm, City Department, or other entity to plant any species of street trees in violation of Section 8- 108.1. (Ord 2139, 04/08/2008) (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6- 319.0204 MISDEMEANORS; PLANTING DISTANCE FROM CURB AND SIDEWALK OF PARK AND STREET TREES. It shall be unlawful for any person, firm, corporation, City Department, or any other entity to plant street trees or park trees in violation of Section 8- 108.1. (Ord 2139, 04/08/2008) (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6- 319.03 MISDEMEANORS; PLANTING DISTANCE FROM CURB AND SIDEWALK OF PARK AND STREET TREES. It shall be unlawful for any person, firm, corporation, City Department, or any other entity to plant street trees or park trees less than minimum of three (3) feet from curbs, curblines, or sidewalks in the case of small trees, less than four (4) feet in the case of medium trees, and less than five (5) feet in the case of large trees. (Ord. No. 1338, 12/14/82) (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6- 319.04 MISDEMEANORS; PLANTING DISTANCE FROM STREET CORNERS AND FIRE PLUGS OF STREET AND PARK TREES. It shall be unlawful for any person, firm, corporation, City Department, or other entity to plant any street or park tree less than thirty -five (35') feet from any street corner, measured from the point of the nearest intersecting curbs or curblines. It shall further be unlawful for any person, firm, corporation, City Department, or other entity to plant any street or park tree less than fifteen (15') feet from any fire hydrant. (Ord. No. 1338, 12/14/82) (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6- 319.05 MISDEMEANORS; TREE TOPPING. It shall be unlawful for any person, firm, corporation, City Department, or other entity to top any street tree, park tree, or any other tree on public property. Topping is hereby defined as the severe cutting back of limbs to stubs larger than three (3") inches in diameter within the tree's crown. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this Section at the determination of the City Forester subject to the rules and regulations of the Department of Utilities governing the pruning and trimming of trees interfering with utility lines. (Ord. No. 1338, 12/14/82) (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6- 319.09 MISDEMEANORS; INJURY TO TREES. It shall be unlawful for any person to purposely or carelessly, and without lawful authority, cut down, carry away, injure, break down, or destroy any fruit, ornamental, shade or other tree or trees standing or growing on any land belonging to another person or persons or on any public land in the corporate limits Any public service company desiring to trim or cut down any tree, except on property owned and controlled by them, shall make an application to the City Forester to do so, and the written permit of the City Forester in accordance with their decision to allow such an action shall constitute the only lawful authority on the part of the company to do so. (Ord. No. 1338, 12/14/82) (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). SECTION 6- 319.10 Reserved for Future Use Sec. 6 -320 MISDEMEANORS; LITTERING. Any person who deposits, throws, discards, or otherwise disposes of any litter on any public or private property, or in any waters, commits the offense of littering unless: A. Such property is an area designated by law for the disposal of such material and such person is authorized by the proper public authority to so use such property; or B. The litter is placed in a receptacle or container installed on such property for such purpose. The term litter as used in this Section means all rubbish, refuse, waste material, garbage, trash, debris or other foreign substances, solid or liquid, of every form, size, kind and de- scription, but does not include the waste or primary process of farming or manufacturing. Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle or water craft in violation of this Section, the operator of such motor vehicle or water craft commits the offense of littering. Littering is a Class V misdemeanor. (Ref. 16 -230, 28 -523 RS Neb.) (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6 -321 MISDEMEANORS; POSTING. It shall be unlawful for any person, firm or corporation to use the streets, sidewalks or public grounds of the Municipality for signs, signposts, the posting of handbills or advertisements, without written permission of the Governing Body. Class V misdemeanor. (Ref. 16 -210, RS Neb.) (Penalties refer to Sections 6- 401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6 -322 MISDEMEANORS; NOTICES OFFICIAL, UNLAWFUL ACTS. It shall be unlawful for any person to interfere with, obstruct, mutilate, conceal or tear down any office notice or proclamation of the City or any of its officers during the time such notice or proclamation is in effect upon direction of the Mayor or the officer giving such notice or proclamation. (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6 -325 MISDEMEANORS; WINDOW PEEPING. It shall be unlawful for any person to go upon the private premise of another to look or peep into any window, door, or other opening in a building occupied by any other person. (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6 -326 MISDEMEANORS; OBSTRUCTION OF PUBLIC WAYS. It shall be unlawful for any person to erect, maintain or suffer to remain on any street or public sidewalk a stand, wagon, display or other obstruction inconvenient to, or inconsistent with, the public use of the same. Class V misdemeanor. (Ref. 16 -207, 16 -227, 39 -703, 39 -704 RS Neb.) (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec 6- 326.01 PARKING AFTER SNOW/REMOVAL OF VEHICLES Whenever two or more inches of snow, ice and /or sleet have fallen on the streets of the city and when the Mayor declares a snow emergency, with notice to the news media, it shall be unlawful for any vehicle to be parked on any public street within the city for a period of 24 hours after the snow fall ends or until the accumulated snow has been removed by the city whichever is later. Any vehicle left parked in violation of this section may be removed by the Chief of Police or his designee and towed to the City Tow lot. If such unlawfully parked vehicle is not removed and by reason of its presence any part of the streets of the city are unable to be plowed, the owner of the vehicle will be in violation of this section and subject to a fine and may be liable to the city for any added plowing expense necessarily incurred as a result of such unlawful parking. However, this ordinance shall not include the area in the City of Blair covered by Resolution No. 1992 -7. (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6 -328 MISDEMEANORS; LOITERING AND VAGRANTS. It shall be unlawful for any person to loiter on the streets, in the park, on the sidewalk, or on any other public ways and property at unreasonable hours, and those persons who are unable to give a good and satisfactory reason why they should be there, including all vagrants and persons found without means of support or some legitimate business, shall be deemed to be guilty of loitering. (Ref. 16 -229 RS Neb.) (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6 -333 MISDEMEANORS; JUNK ACCUMULATIONS. It shall be unlawful for any property owner or lessee to allow an accumulation of junk on property that is located within the corporate limits to the extent that such accumulation is a potential hazard to the health and safety of the residents of the Municipality. Junk shall mean old scrap, copper, brass, iron, steel, rope, rags, batteries, paper, trash, rubber debris, waste, motor vehicles or recreational equipment of any kind including, but not limited to, motorcycles, all terrain vehicles, automobiles, trucks, boats and trailers which are dismantled, unlicensed or unregistered in violation of Chapter 60, Article 3 R.R.S. Nebraska (as amended from time to time), abandoned, inoperable, or wrecked automobiles, or parts thereof, wood, limbs, vegetation, and other old or scrap ferrous or nonferrous material. The City Administrator or the Chief of Police shall have the power to investigate all complaints of violations of this Section and if they find that such property owner or lessee has allowed such accumulation, they shall cause the property owner or lessee to be served with written notice directing them to remove the accumulation of junk within five (5) days of the receipt of said notice. Any person failing to remove said accumulation within five (5) days after receiving notice to do so, shall be deemed guilty of a misdemeanor and a conviction for violation of this section shall result in a fine as indicated in Sections 6 -401 through 6 -404, and the Court, as part of the judgment, shall order the owner to remove the accumulation of junk. Each day an accumulation of junk is permitted to exist shall be deemed a separate violation hereunder. In addition, an authorized agent of the Municipality may cause said junk or motor vehicles to be removed at the expense of the owner or lessee, from the land whereon said junk or motor vehicles exist and the cost of such removal shall be levied, equalized, and assessed as are other special assessments. (Ord. No. 1280, 5/14/80) (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6 -334 MISDEMEANORS; METER TAMPERING. It shall be unlawful for any person to tamper with, alter, destroy or modify or to do any other act or cause any other act to be done which alters or prohibits the accurate metering and registering of water as supplied by the City of Blair to its customers. Said tampering shall also specifically include but not be limited to breaking of any seals on the metering device and adjusting or removing cams. Notwithstanding the provisions of Section 6 -401, any person guilty of any unlawful acts as provided for by this Section shall be punished by a fine as indicated in Sections 6 -401 through 6 -404, and the court as part of the judgment may order said person to make reasonable restitution to the City of Blair for any water used but not registered by said metering device as a result of the unlawful acts of said person. (Ord. No. 1287, 8/26/80) (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Sec. 6 - 338 NOISE, MOTOR VEHICLE LIMITS, SOUND REPRODUCTION DEVICES. (A) It is found and declared that the making, creation or maintenance of such loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use, effect and are a detriment to the public health, comfort, convenience, safety, welfare and the peace and quiet of the City. (B) It shall be unlawful for any person to disturb the peace and quiet of any other person by loud noise, music, or language, by fighting or threatening to fight, or by any other offensive action. It shall be unlawful for any person in legal possession or charge of a residence or other private property to permit, or by inaction allow other persons on the premises to disturb the peace jointly or severally by loud noise, music or language. (C) The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this provision, but such enumeration shall not be deemed to be exclusive, namely: (1) Horns; Signaling Devices. The sounding of any horn or signaling device on any automobile, motorcycle, street car or other vehicle on any street or public place of the City, except as a danger warning, the creation by means of any such signaling device of any unreasonably loud or harsh tone and the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device, except one operated by hand or electricity, the use of any horn, whistle or other device operated by engine exhaust and the use of any signaling device when traffic is for any reason held up; (2) Radios; stereos; phonographs, etc. The using, operating or permitting to be played, used or operated any radio, receiving set, musical instrument, phonograph, tape player, compact disc player, stereophonic sound system or similar device which reproduces or amplifies radio broadcasts or musical recordings or other machines or devices for the producing or reproducing of sound in any such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons whom are in the room, vehicle or chamber in which such machine or device is operated and who are voluntarily listeners thereto. The operation of any such machine or device in such manner as to be plainly audible at a distance of fifty feet (50') from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this code; (3) Loud - Sneaker; Amplifiers for Advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loud speaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure; (4) Yelling: Shouting. Yelling, shouting, hooting, whistling or singing on the public streets or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel or other type of residence or of any persons in the vicinity; (5) Exhaust. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle, except through a muffler or a other device which will effectively prevent loud or explosive noises therefrom; Provided, however, persons operating such machines or devices while participating in licensed or permitted activities such as parades or carnivals shall not be deemed to be in violation of this Section. (D) Violation of this code section shall be deemed to be a Class V misdemeanor. Each day any such violation or failure to perform such act shall continue shall constitute a separate offense. (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations Bureau Fee Schedule). Article 4. Violations Bureau/Penal Provision Sec. 6 -401 VIOLATIONS; PENALTY. It shall be unlawful for any person to fail to comply with the provisions herein, and every person failing to comply with, or violating any of the provisions of this Chapter shall, unless specifically provided otherwise, be deemed to be guilty of a Class III misdemeanor as defined by the Statutes of the State of Nebraska, Section 28 -106, and upon conviction thereof shall be fined accordingly. Further provided, however, that conviction for violation of Section 6 -336 shall be deemed a conviction of a Class II misdemeanor as defined by the Statutes of the State of Nebraska and upon conviction thereof fined accordingly. Sec. 6 -402 VIOLATIONS BUREAU. A Violations Bureau for the City of Blair is hereby created pursuant to Section 18 -1729 R.R.S. Neb. for the purpose of collecting penalties for city code violation. Any person accused of a violation as established by Sections 6 -101, 6 -103, 6 -106, 6 -108, through 6 -113, inclusive, Sections 6 -201 through 6 -203, inclusive, Section 6 -207, Sections 6- 310, and Sections 6- 319.01 through 6- 319.09, inclusive, Sections 6 -320, 6 -321, 6 -322, 6 -325, 6- 326, 6- 326.01, 6 -328, 6 -333 and 6 -334 may, within ten (10) days after the issuance of a citation of the violation and before the appearance date thereon, dispose of the citation by appearing at the office of the City Clerk of the City of Blair and remitting full payment of the penalty assessed for the specific violation. Any person may plead not guilty to the citation and he or she may appear before the County Court of Washington County, Nebraska, on the date and at the time specified on the citation. At the time of the commission of the alleged violation, the accused shall be served with printed notice informing the accused of his or her options in disposing of the citation as noted hereinabove. If the accused fails to appear at the office of the City Clerk of the City of Blair or before the County Court of Washington County, Nebraska, on or before the date specified on the citation, a warrant for his or her arrest shall be issued by the County Court of Washington County, Nebraska. Sec. 6 -403 PENALTIES. A conviction for violation of Sections 6 -101, 6 -103, 6 -106, 6 -108, through 6 -113, inclusive, Sections 6 -201 through 6 -203, inclusive, Section 6 -207, Sections 6- 319.01 through 6- 319.09, inclusive, Sections 6 -320, 6 -321, 6 -322, 6 -325, 6 -326, 6- 326.01, 6- 328, 6 -334, 6 -338 shall result in a fine for the first offense in any one calendar year of the sum of twenty -five dollars ($25.00), for the second offense in any one calendar year the sum of fifty dollars ($50.00), and for the third or subsequent offenses in any one calendar year the sum of one hundred dollars ($100.00). A conviction for violation of Section 6 -310 and 6 -333 shall result in a fine for the first offense in any one calendar year of the sum of one hundred dollars ($100.00), for the second offense in any one calendar year the sum of one hundred fifty dollars ($150.00), and for the third offense and subsequent offenses in any one calendar year the sum of two hundred dollars ($200.00). Article 5 - RESERVED FOR FUTURE USE SECTION 4. Sections 7 -402 and 7 -403 of the Municipal Code of the City of Blair, Nebraska are hereby amended and Sections 7 -502 and 7 -503 are hereby added in its entirety as follows, to wit: Sec. 7 -402 DAYS AND HOURS OF SALE , DISCHARGE. AND POSSESSION. It shall be unlawful for any person within the City of Blair to offer for sale, discharge, ignite, use, explode or set off any permitted fireworks as set forth in Sec. 7 -401 at any time except between the hours of 8:00 o'clock a.m. and 10:00 o'clock p.m. between June 24 and July 5 inclusive, of each year, except any public display that maybe approved by the City from time to time. It shall be unlawful for any person within the City to have in his /her possession any fireworks which are prohibited from being sold, used, or discharged by the provisions of this Section or the previous Section. If any person shall have in his possession any fireworks which are prohibited from being sold, a warrant may be issued for the seizure of the fireworks, the same shall be safely kept by the Chief of Police to be used as evidence. Upon conviction of the offender, the fireworks shall be destroyed, but if the offender shall be discharged, the fireworks shall be returned to the person in whose possession they were found. (Penalties refer to Sections 7 -501 through 7 -503 or Addendum to Code Violations Bureau Fee Schedule). Sec. 7 -403 FIREWORKS; THROWING FIRECRACKERS. It shall be unlawful for any person to throw any firecracker, or any object which explodes upon contact with another object; from or into a motor vehicle; onto any street, highway, or sidewalk; at or near any person; into any building; or into or at any group of persons. (Ref. 16 -227, 28 -1242 RS Neb.). (Penalties refer to Sections 7 -501 through 7 -503 or Addendum to Code Violations Bureau Fee Schedule). Article 5. Violations Bureau/Penal Provision Sec. 7 -501 VIOLATIONS; PENALTY. It shall be unlawful for any person to fail to comply with the provisions herein, and every person failing to comply with, or violating any of the provisions of this Chapter shall be deemed to be guilty of a Class III misdemeanor, as defined by the statutes of the State of Nebraska, Section 28 -1206, and upon conviction thereof shall be fined accordingly. Sec. 7 -502 VIOLATIONS BUREAU. A Violations Bureau for the City of Blair is hereby created pursuant to Section 18 -1729 R.R.S. Neb. for the purpose of collecting penalties for city code violation. Any person accused of a violation as established by Sections 7 -402 and 7 -403 may, within ten (10) days after the issuance of a citation of the violation and before the appearance date thereon, dispose of the citation by appearing at the office of the City Clerk of the City of Blair and remitting full payment of the penalty assessed for the specific violation. Any person may plead not guilty to the citation and he or she may appear before the County Court of Washington County, Nebraska, on the date and at the time specified on the citation. At the time of the commission of the alleged violation, the accused shall be served with printed notice informing the accused of his or her options in disposing of the citation as noted hereinabove. If the accused fails to appear at the office of the City Clerk of the City of Blair or before the County Court of Washington County, Nebraska, on or before the date specified on the citation, a warrant for his or her arrest shall be issued by the County Court of Washington County, Nebraska. Sec. 7 -503 PENALTIES. A conviction for violation of Sections 7 -402 and 7 -403 shall result in a fine for the first offense in any one calendar year of the sum of twenty -five dollars ($25.00), for the second offense in any one calendar year the sum of fifty dollars ($50.00), and for the third or subsequent offenses in any one calendar year the sum of one hundred dollars ($100.00). SECTION 5. Sections 8 -104, 8 -106, 8 -509, 8 -510 of the Municipal Code of the City of Blair, Nebraska are hereby amended and Sections 8 -702 and 8 -703 are hereby added in its entirety as follows, to wit: Sec. 8 -104 MUNICIPAL PROPERTY; PARKING LOT SNOW REMOVAL. It shall be unlawful for any person or business within the limits of the City of Blair, Nebraska, to remove or cause to be removed snow from any business lot, parking lot or other private premises which is pushed or otherwise deposited onto the paved portion of the streets or alleys of said City. (Penalties refer to Sections 8 -701 through 8 -703 or Addendum to Code Violations Bureau Fee Schedule). Sec. 8 -106 CLOSING HOURS OF CITY PARKS. Closing hours for the City Parks in the City of Blair, Nebraska, are hereby established and said Parks shall be closed daily between the hours of twelve (12:00) o'clock Midnight and five (5:00) o'clock A.M. It shall be unlawful for any person to loiter in any City Park during closing hours. (Penalties refer to Sections 8 -701 through 8 -703 or Addendum to Code Violations Bureau Fee Schedule). Sec. 8 -509 SIDEWALK OPENINGS. It shall be unlawful for any person to leave uncovered any opening in any sidewalk unattended and unguarded in a manner dangerous to pedestrians on such sidewalk. (Penalties refer to Sections 8 -701 through 8 -703 or Addendum to Code Violations Bureau Fee Schedule). Sec. 8 -510 CLEANING OF SIDEWALKS. It shall be unlawful for the adult occupant or occupants of any improved lot or tract of ground or the owner or owners of any unimproved tract of ground in the City to permit snow, sleet, mud or ice to accumulate and remain on the sidewalk along and adjacent to such lot or tract of ground for a period of more than five (5) hours after cessation of the storm causing the same, except in the case of cessation after the hour of nine (9:00) o'clock P.M. in which case such person shall be permitted until ten (10:00) o'clock A.M., of the following day in which to remove such substances. In case snow, sleet, mud or ice is not removed within twelve (12) hours following the deposit of same on the sidewalk along and adjacent to any lot or tract of ground within the City, the City Administrator may cause same to be removed and the cost of removal of same shall immediately become due and payable, jointly and severally, from the owners and adult occupants of such tract of ground and may be collected by civil suit brought by the City without necessity for formal demand for payment. (Ref. 16 -663 RS Neb.) (Penalties refer to Sections 8 -701 through 8 -703 or Addendum to Code Violations Bureau Fee Schedule). Article 7. Violations Bureau/Penal Provision Sec. 8 -701 VIOLATIONS; PENALTY. It shall be unlawful for any person to fail to comply with the provisions herein, and every person failing to comply with, or violating any of the provisions of this Chapter shall be deemed to be guilty of a Class III misdemeanor, as defined by the statutes of the State of Nebraska, Section 28 -106, and upon conviction thereof shall be fined accordingly. Sec. 8 -702 VIOLATIONS BUREAU. A Violations Bureau for the City of Blair is hereby created pursuant to Section 18 -1729 R.R.S. Neb. for the purpose of collecting penalties for city code violation. Any person accused of a violation as established by Sections 8 -104, 8 -106, 8 -509 and 8- 510 may, within ten (10) days after the issuance of a citation of the violation and before the appearance date thereon, dispose of the citation by appearing at the office of the City Clerk of the City of Blair and remitting full payment of the penalty assessed for the specific violation. Any person may plead not guilty to the citation and he or she may appear before the County Court of Washington County, Nebraska, on the date and at the time specified on the citation. At the time of the commission of the alleged violation, the accused shall be served with printed notice informing the accused of his or her options in disposing of the citation as noted hereinabove. If the accused fails to appear at the office of the City Clerk of the City of Blair or before the County Court of Washington County, Nebraska, on or before the date specified on the citation, a warrant for his or her arrest shall be issued by the County Court of Washington County, Nebraska. Sec. 8 -703 PENALTIES. A conviction for violation of Sections 8 -104, 8 -106, 8 -509 and 8- 510 shall result in a fine for the first offense in any one calendar year of the sum of twenty -five dollars ($25.00), for the second offense in any one calendar year the sum of fifty dollars ($50.00), and for the third or subsequent offenses in any one calendar year the sum of one hundred dollars ($100.00). SECTION 6. The fee to be charged for the Violations Bureau shall be set and determined from time to time as necessary by the Mayor and City Council, and said fees shall be appended to the Municipal Code as part of an appendix titled "Addendum of Code Violations Bureau Fee Schedule," and shall be on file at the office of the Municipal Clerk and available for public inspection during regular office hours of the said Municipal Clerk and is hereby added in its entirety as follows, to wit: ADDENDUM OF CODE VIOLATIONS BUREAU FEE SCHEDULE 4 -302 Garbage & Refuse, Burning 1 Offense $100.00 Prohibited; Exceptions 2 Offense $150.00 3 Offense $200.00 4 -501 Nuisances; Generally Defined 1 Offense $100.00 Class III Misdemeanor 2 " Offense $150.00 3 Offense $200.00 4- 501.01 Streams, Litter; Specifically Defined 1 Offense $100.00 2 "d Offense $150.00 3 Offense $200.00 4 -502 Nuisances; Specifically Defined 1 Offense $100.00 2 "d Offense $150.00 3 Offense $200.00 4- 502.01 Nuisances; Litter within streams 1 Offense $100.00 2 "d Offense $150.00 3 Offense $200.00 4 -506 Nuisances; Weeds, Grasses Class III Misd. Worthless Vegetation; Litter 1 Offense $100.00 2 "d Offense $150.00 3 Offense $200.00 5 -226 Jake Brake Class III Misd. $25.00 5 -402 Parking, Generally $25.00 5 -404 Street Parking Class III Misd. $25.00 5- 404.01 Street Parking: Fire Hydrant; Private Driveways $25.00 5 -405 Parking; Alley $25.00 5 -406 Truck Parking $25.00 5- 406.01 Recreational Vehicle Parking $25.00 5 -407 One Way Street and Alley $25.00 5 -408 Parking Time $25.00 5- 410.01 Illegal or Improper Parking $25.00 5 -411 Abandoned Vehicle (48 hrs +) Class III Misd. $25.00 5 -501 Bicycle Operation $25.00 5- 501.01 Roller Skates, In -Line Skates, Roller Blades $25.00 Skateboard Operation 5 -615 Negligent Driving Class III Misd. $50.00 6 -101 Dog License 1 st Offense $25.00 2nd Offense $50.00 3 Offense $100.00 6 -103 Dog; Wrongful License 1 st Offense $25.00 2nd Offense $50.00 3 Offense $100.00 6 -106 Dogs; Running at Large 1 st Offense $25.00 2nd Offense $50.00 3rf Offense $100.00 6 -108 Dogs; Dangerous 1 st Offense $25.00 2nd Offense $50.00 3 Offense $100.00 6 -109 Dogs; Interfering with Police 1 st Offense $25.00 2nd Offense $50.00 3 Offense $100.00 6 -110 Dogs; Killing and Poisoning 1 st Offense $25.00 2nd Offense $50.00 3 Offense $100.00 6 -111 Dogs; Barking and Offensive 1 st Offense $25.00 2nd Offense $50.00 3 Offense $100.00 6 -112 Dogs; Fighting l Offense $25.00 2nd Offense $50.00 3 Offense $100.00 6 -113 Dogs; Liability of Owner 1 st Offense $25.00 2nd Offense $50.00 6 -201 Animals; Running at Large 6 -202 Animals; banned by Municipality 6 -203 Animals; Wild 6 -207 Fowls; Cock Fighting 6 -314 Discharging of illegal Firearm in City Limits; B.B. Gun (Explosive Discharge) 6 -318 (Rock Discharge), Bow and Arrow 6- 319.01 Misdemeanor; Planting Trees 6- 319.02 Misdemeanor; Spacing of Street Trees 6- 319.03 6- 319.04 Misdemeanor; Slingshots Misdemeanor; Planting Distance From Curb & Sidewalk of Park and Street Trees Misdemeanor; Planting Distance From Curb & Sidewalk & Fire Plugs of Street and Park Trees 3 Offense 1 Offense 2 Offense 3 Offense 1 Offense 2 " Offense 3 Offense 1 Offense 2 Offense 3 Offense 1 Offense 2 Offense 3 Offense 6 -310 Misdemeanor; Appliances in Yard 1 Offense 2 Offense 3 Offense 1 Offense 2 "d Offense 3 Offense 1 Offense 2 "d Offense 3 Offense 1 Offense 2 Offense 3 Offense 1 Offense 2 Offense 3 Offense 1 Offense 2 "d Offense 3 Offense 1 Offense 2 "d Offense 3 Offense $100.00 $25.00 $50.00 $100.00 $25.00 $50.00 $100.00 $25.00 $50.00 $100.00 $25.00 $50.00 $100.00 $100.00 $150.00 $200.00 $25.00 $50.00 $100.00 $25.00 $50.00 $100.00 $25.00 $50.00 $100.00 $25.00 $50.00 $100.00 $25.00 $50.00 $100.00 $25.00 $50.00 $100.00 6- 319.05 Misdemeanor; Tree Topping 6- 319.09 Misdemeanor; Injury of Trees 6 -320 Misdemeanors; Littering 6 -321 Misdemeanors; Posting (Handbills, Etc) 6 -322 Misdemeanor; Notices Official Unlawful Acts 6 -325 Misdemeanor; Window Peeping 6 -326 Misdemeanor; Obstruction of Public Right of Ways 6- 326.01 Parking after Snow /Removal of Vehicles 6 -328 Misdemeanor; Loitering and Vagrants 6 -334 Misdemeanor; Meter Tampering 1 Offense 2 "d Offense 3 Offense 1 Offense 2 " Offense 3 Offense 1 Offense 2 "d Offense 3 Offense 1 Offense 2 "d Offense 3 Offense 1 Offense 2 Offense 3 Offense 1 Offense 2 "d Offense 3 Offense 1 Offense 2 "d Offense 3 Offense 1 Offense 2 "d Offense 3 Offense 1 Offense 2 Offense 3 Offense 6 -333 Misdemeanor; Junk Accumulations 1 Offense 2 "d Offense 3 Offense 1 Offense 2 Offense 3 Offense $25.00 $50.00 $100.00 $25.00 $50.00 $100.00 $25.00 $50.00 $100.00 $25.00 $50.00 $100.00 $25.00 $50.00 $100.00 $25.00 $50.00 $100.00 $25.00 $50.00 $100.00 $25.00 $50.00 $100.00 $25.00 $50.00 $100.00 $100.00 $150.00 $200.00 $25.00 $50.00 $100.00 6 -338 Noise, Motor Vehicle Limits 7 -402 Days and Hours of Sale, Discharge And Possession of fireworks 7 -403 Fireworks; Throwing; Firecrackers 8 -104 Municipal Property; parking Lot Snow Removal 8 -106 Closing Hours of City Parks 8 -509 Sidewalk Openings 8 -510 Cleaning of Sidewalks 1 Offense 2nd Offense 3 Offense 1 Offense 2nd Offense 3 Offense 1 Offense 2nd Offense 3 Offense 1 Offense 2nd Offense 3 Offense 1 Offense 2 Offense 3 Offense 1 Offense 2nd Offense 3 Offense 1 Offense 2nd Offense 3 Offense $25.00 $50.00 $100.00 $25.00 $50.00 $100.00 $25.00 $50.00 $100.00 $25.00 $50.00 $100.00 $25.00 $50.00 $100.00 $25.00 $50.00 $100.00 $25.00 $50.00 $100.00 SECTION 7. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8. That this ordinance shall be in force and take effect from and after its passage, approval and publication as provided by law. PASSED AND APPROVED THIS 10TH DAY OF JUNE, 2008. CITY OF BLAIR, NEBRASKA S E. REALPH, MAYOR AT PEST: BRENDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 10th day of June, 2008. BRENDA R. WHEELER, CITY CLERK